CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Transport Canada has issued AD CF-2008-32R2 affecting Bombardier CL-600 series aircraft. Canada is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD/CL-600/105, which will become effective on
15 January 2009.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The Act empowers the Governor-General to make regulations that support these objectives, with the Civil Aviation Safety Regulations 1998 further detailing the processes for ensuring airworthiness. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) that are binding on aircraft operators. These ADs are legislative instruments, subject to disallowance, and are integral to Australia's compliance with the Convention on International Civil Aviation. For instance, in response to an AD issued by Canada concerning Bombardier CL-600 series aircraft, CASA has issued its own AD to mandate compliance with international safety standards. Given that these directives are a response to international obligations and do not require consultation with the Australian public, they are not subject to a Regulatory Impact Statement. The ADs are issued by CASA in accordance with the Civil Aviation Act, ensuring the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations in the interest of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby categorising it as a legislative instrument. The ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as Canada for Bombardier CL-600 series aircraft, issues ADs that CASA must assess and, if necessary, translate into Australian ADs to enforce the requirements domestically. As these directives are in response to international obligations and specific design-related safety concerns, they are not subject to public consultation or a Regulatory Impact Statement. The ADs are issued by CASA under the authority of the Manager, Systems and New Technologies, within the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.
Key Provisions
Under the Civil Aviation Act 1988, particularly section 98, the Governor-General has the authority to create regulations for the safety of air navigation. One such regulation, detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under the Acts Interpretation Act 1901 and, in accordance with the Legislative Instruments Act 2003, are considered legislative instruments.
The obligations under this legislation primarily rest with CASA, which, as Australia’s national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. For instance, in the case of Transport Canada issuing AD CF-2008-32R2 for Bombardier CL-600 series aircraft, CASA has assessed this directive and issued Australian AD/CL-600/105. These obligations reflect Australia’s commitment to the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types and the State of Registry to ensure the ongoing airworthiness of individual aircraft.
The consequences of non-compliance with these ADs are significant. The Civil Aviation Safety Regulations 1998, under regulation 39.002, provide that failure to comply with an AD is an offence, and CASA can impose penalties. The severity of these penalties can vary, but they are intended to ensure adherence to the safety standards set by the ADs. Furthermore, the failure to comply with an AD can lead to the grounding of an aircraft, which can have severe implications for aviation safety and the operations of airlines.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to issue and enforce ADs to maintain airworthiness standards. The obligations are stringent, focusing on the safety and compliance of aircraft within Australia, and the penalties for non-compliance are designed to enforce these standards rigorously.